The Department of Justice has opened a civil rights investigation into the Hennepin County Attorney’s Office following reports that County Attorney Mary Moriarty implemented policies instructing prosecutors to consider a defendant’s race when making plea decisions.
The investigation comes after growing scrutiny of Moriarty’s prosecutorial discretion, including her office’s refusal to file felony charges against a state employee accused of causing over $20,000 in damage to multiple vehicles in Minneapolis.
U.S. Department of Justice Announces Civil Rights Investigation into the Consideration of Race in Prosecutorial Decision making by Minnesota’s Hennepin County
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— U.S. Department of Justice (@TheJusticeDept) May 5, 2025
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Assistant Attorney General for Civil Rights Harmeet Dhillon confirmed that the DOJ’s Civil Rights Division will examine whether Moriarty’s office engaged in “a pattern or practice of depriving persons of rights, privileges or immunities secured or protected by the Constitution or laws of the United States.”
🚨BREAKING UPDATE: The Department of Justice has opened an investigation into the Hennepin County Attorney’s Office over Mary Moriarty’s new race-based plea deal policy.
Play stupid games, win stupid prizes. https://t.co/iy6e8C9GMK pic.twitter.com/WIX9AtZwZi
— Dustin Grage (@GrageDustin) May 4, 2025
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The probe follows the publication of an internal Hennepin County Attorney’s Office memo that advised prosecutors to evaluate a defendant “as a whole person,” including consideration of their racial identity and age, when deciding plea offers.
“While racial identity and age are not appropriate grounds for departures [from the Minnesota Sentencing Guidelines], proposed resolutions should consider the person charged as a whole person, including their racial identity and age,” the memo reads, according to a report by KARE-11.
The Department of Justice has labeled this guidance “discriminatory,” and Dhillon’s office is now reviewing whether the practice violates federal laws that prohibit race-based decision-making in the justice system.
The controversy intensified after Moriarty’s office declined to charge Dylan Bryan Adams, a 33-year-old data analyst for Minnesota’s Department of Human Services, with felony vandalism despite video evidence showing Adams keying several Tesla vehicles in downtown Minneapolis.
NEW: Minneapolis Police Department rips far-left DA Mary Moriarty for declining to charge a Minnesota government employee who caused $20,000 in damages to Teslas.
No wonder why Minneapolis is turning into a sh*t hole.
Police provided evidence of 33-year-old Dylan Bryan Adams… pic.twitter.com/g7h7lnjnks
— Collin Rugg (@CollinRugg) April 22, 2025
According to police reports, the vandalism impacted at least six victims and caused property damage exceeding $20,000—an amount that meets the threshold for felony charges under Minnesota law. Adams was allegedly caught on camera committing the vandalism while walking his dog.
Rather than pursue felony charges, the Hennepin County Attorney’s Office opted for pre-charge diversion, a resolution that allows the defendant to avoid formal prosecution by meeting certain conditions, such as paying restitution.
Daniel Borgertpoepping, a spokesman for Moriarty’s office, explained the decision in a statement: “Our main priorities are to secure restitution for the victims and hold Mr. Adams accountable. As a result, we will file for pre-charge diversion to best facilitate both of those goals. This is an approach taken in many property crime cases and helps to ensure the individual keeps their job and can pay restitution, as well as reducing the likelihood of repeat offenses. Criminal prosecution remains a possibility should unlawful behavior continue.”
Minneapolis Police Chief Brian O’Hara expressed frustration over the decision, citing the substantial damage and multiple victims affected by the incident.
“This case impacted at least six different victims and totaled over $20,000 in damages. Any frustration related to the charging decision of the Hennepin County Attorney should be directed solely at her office,” O’Hara said.
“Our investigators are always frustrated when the cases they poured their hearts into are declined. In my experience, the victims in these cases often feel the same.”
This is not the first time Moriarty’s charging decisions have drawn public criticism.
In 2023, she declined to prosecute a 35-year-old man accused of raping his 14-year-old cousin.
“I’M FREE. I GOT MY FREEDOM.” Shocking start to Mary Moriarty term as HennCo Atty. Office forced to dismiss a crim sex case against this man after prosecutor lied to judge abt issue at trial. Prosecutor under investigation. This guy is home. Case can’t be re-filed. @FOX9 pic.twitter.com/tJNbhThImh
— Paul Blume (@PaulBlume_FOX9) January 9, 2023
In another high-profile case, she sought to charge two teenage suspects as minors in the fatal shooting of 23-year-old Zaria McKeever, a decision later overruled by the Minnesota Attorney General.
The teens were ultimately convicted as adults and sentenced to lengthy prison terms.
The Department of Justice has not provided a timeline for its review of the Hennepin County Attorney’s Office policies.
Moriarty’s office has not publicly responded to the launch of the investigation.
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